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25-5-200
Section 25-5-200 Presumptions and burden of proof as to right to compensation. There shall
be no presumption that disablement or death from any cause or infirmity is the result of occupational
exposure to radiation, nor that occupational exposure to radiation will result in disablement
or death, and any person claiming compensation or other benefits under this article shall
have the burden of establishing that he is entitled to such. (Acts 1967, No. 521, p. 1245.)...
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25-5-120
Section 25-5-120 Presumptions and burden of proof as to right to compensation. There shall
not be a presumption that disablement or death from any cause or infirmity is the result of
an occupational disease, nor that an occupational disease will result in disablement or death,
and any person claiming compensation or other benefits under this article shall have the burden
of establishing that he or she is entitled to the benefits. (Acts 1971, No. 668, p. 1379;
Acts 1992, No. 92-537, p. 1082, §35.)...
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25-5-191
Section 25-5-191 Right to compensation for injury or death. Where the employer and employee
are subject to the provisions of this chapter, the disablement or death of an employee caused
by occupational exposure to radiation, as defined in this article, shall be treated as an
injury by accident, and the employee or, in case of his death, his dependents shall be entitled
to compensation as provided in this article. In no case, however, shall an employer be liable
under this article for compensation by reason of exposure to radiation or for disability or
death resulting therefrom unless such exposure arose out of and in the course of the employment
and resulted from the nature of the employment in which the employee was engaged. (Acts 1967,
No. 521, p. 1245.)...
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25-5-57
Section 25-5-57 Compensation for disability. (a) Compensation schedule. Following is the schedule
of compensation: (1) TEMPORARY TOTAL DISABILITY. For injury producing temporary total disability,
the compensation shall be 66 2/3 percent of the average weekly earnings received at the time
of injury, subject to a maximum and minimum weekly compensation as stated in Section 25-5-68,
but if at the time of injury the employee received average weekly earnings of less than the
minimum stated in Section 25-5-68, then he or she shall receive the full amount of the average
weekly earnings per week. This compensation shall be paid during the time of the disability,
but at the time as a temporary total disability shall become permanent, compensation for the
continued total disability shall be governed by (a)(4) of this section with respect to permanent
total disability. Payments are to be made at the intervals when the earnings were payable,
as nearly as may be, unless the parties otherwise agree....
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25-5-197
Section 25-5-197 Limitation period for claims or actions for compensation. In case of occupational
exposure to radiation, as defined in this article, or of injury or disability resulting therefrom,
all claims for compensation shall be forever barred, unless within one year after the employee
first suffered disability therefrom and either knew or in the exercise of reasonable diligence
should have known that the disability was caused therefrom, but in no event more than three
years after date of the injury as hereinafter defined, the parties shall have agreed upon
the compensation payable under this article, or unless within such period of time one of the
parties shall have filed a verified complaint as provided in Section 25-5-88. In case of death,
all claims for compensation shall be forever barred, unless the death results proximately
from occupational exposure to radiation, as defined in this article, and occurs within three
years of the date of the injury, as hereinafter defined,...
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25-5-199
Section 25-5-199 Computation of compensation and benefits payable under article. The compensation
payable for death or disability caused by occupational exposure to radiation shall be computed
in the same manner and in the same amounts as provided in Article 3 of this chapter for computing
compensation for disability or death resulting from an accident arising out of and in the
course of the employment, and the medical, surgical, hospital, and burial benefits payable
under this article caused by said exposure shall be computed in the same manner and in the
same amounts as provided in Article 3 of this chapter for computing like benefits. The date
of injury, as defined in Section 25-5-197, shall be considered the date of the accident for
determining the applicable medical, surgical, and hospital benefits, the minimum and maximum
weekly benefits and the limitation on the total amount of compensation payable for occupational
exposure to radiation. (Acts 1967, No. 521, p. 1245; Acts 1975,...
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25-5-193
Section 25-5-193 Manner of compensation, etc., provided by article exclusive. No employee of
any employer subject to this article, nor the personal representative, surviving spouse, or
next of kin of any such employee shall have any right to any other method, form, or amount
of compensation or damages for occupational exposure to radiation, or for injury, disability,
loss of service, or death resulting from such exposure, arising out of and in the course of
employment, or determination thereof, in any manner other than as provided in this article.
(Acts 1967, No. 521, p. 1245; Acts 1973, No. 1062, p. 1750, §34.)...
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25-5-194
Section 25-5-194 Rights and remedies of employees, etc., under article exclusive; civil and
criminal liability of employers, etc. The rights and remedies granted in this article shall
exclude all other rights and remedies of an employee, his personal representative, parent,
surviving spouse, dependents, or next of kin, at common law, by statute, contract, or otherwise
on account of occupational exposure to radiation and on account of any injury, disability,
loss of service, or death resulting from occupational exposure to radiation. Except as provided
in this article, no employer included within the terms of this chapter and no officer, director,
agent, servant, or employee of such employer shall be held civilly liable for the occupational
exposure to radiation or for injury, disability, loss of service, or death of any employee
due to occupational exposure to radiation while engaged in the service or business of the
employer, the cause of which occupational exposure to radiation...
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36-30-21
Section 36-30-21 Authorized. (a) If a law enforcement officer who qualifies for benefits under
the provisions of this article suffers disability as a result of a law enforcement officer's
occupational disease, his or her disability shall be compensable the same as any service-connected
disability under any law which provides benefits for the law enforcement officer or, if a
state law enforcement officer, under the state Employees' Retirement System, the same as if
injured in the line of duty. If a law enforcement officer who qualifies for benefits under
the provisions of this article dies as a result of a law enforcement officer's occupational
disease, his or her death shall be compensable to the same extent as the death of a law enforcement
officer killed in the line of duty; provided, that this article shall not apply to any municipality
which has elected to be covered by the workers' compensation laws of this state. (b) In order
to qualify for benefits under the provisions of this...
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36-30-41
Section 36-30-41 Applicability; compensation for qualified firefighters; burden of proof. (a)
This article shall apply to firefighters who, upon entering the service of the state as firefighters,
have successfully passed a physical examination which failed to reveal any evidence of a firefighter's
occupational disease and who have completed at least three years' service as firefighters.
If a physical examination was not required at the time of entry into service, a firefighter
who completes an exam by January 1, 2013, shall be deemed eligible for benefits under this
section. (b) If a firefighter who qualifies for benefits under Chapter 29A, or any other law,
suffers disability as a result of a firefighter's occupational disease, his or her disability
shall be compensable the same as any service-connected disability under any law which provides
benefits for firefighters of the state injured in the line of duty. If a firefighter who qualifies
for benefits under this section dies as the...
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